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(영문) 부산지방법원 2014.09.05 2014노1846
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 5 million imposed by the court below is too unreasonable.

2. Determination is recognized as the following: (a) the Defendant recognized all of the instant crimes, and reflects the fact that it is not good for health; (b) the victim’s injury is not severe; (c) the Defendant’s driver’s vehicle was covered by comprehensive insurance; (d) the Defendant agreed with the victim in the course of investigation; and (e) each of the instant crimes is in the concurrent relationship between the criminal record of the lower judgment and the latter part of Article 37 of the Criminal Act, and thus, the Defendant should take into account the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act.

However, the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for a serious crime that may endanger the life and body of himself/herself and others. Each of the crimes of this case is that the defendant caused a traffic accident by negligence while driving a vehicle while under the influence of 0.163% alcohol level and caused an injury to the victim. In light of the degree of the defendant's driving, the risk of drunk driving, the degree of violation of his/her duty of care, and the consequences of the occurrence, etc., the case is not easy; the defendant does not seem to have any urgent or inevitable circumstance; the defendant has a history of criminal punishment for a violation of the Road Traffic Act, and the defendant has a history of criminal punishment for more than three times, and other various circumstances such as the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and the circumstances before and after the crimes, etc., the court below's punishment cannot be deemed to be too unreasonable in full view of the overall circumstances of the sentencing conditions as shown in the records.

Therefore, the defendant's assertion.

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